Attachment Satelites Mexicanos

Satelites Mexicanos

REQUEST submitted by Satélites Mexicanos, S.A. de C.V.

Request for confidential treatment

2015-08-24

This document pretains to SAT-LOI-20140617-00070 for Letter of Intent on a Satellite Space Stations filing.

IBFS_SATLOI2014061700070_1110379

SheppardMUIlin Sheppard Mullin Richter & Hampton LLP 2099 Pennsylvania Avenue, NW, Suite 100 Washington, D.C. 20006—6801 202.747.1900 main 202.747.1901 main fax www.sheppardmullin.com P hnl‘s / at 202.747.1930 direct bweimer@sheppardmullin.com August 24, 2015 File Number: 37BA—196263 VIA HAND DELIVERY Aesepted / File Marlene H. Dortch, Secretary eep ed Federal Communications Commission 4 sair 445 12th Street S.W. AUQ 24 2016 W ashingto | n, DC DC 2 2055 4 Fedaral Communications N Commission Office of the Secretary Re: REQUEST FOR CONFIDENTIAL TREATMENT Satmex Milestone Certification; Call Sign $2926. Dear Ms. Dortch: Satélites Mexicanos, S.A. de C.V. ("Satmex") respectfully requests that, pursuant to Sections 0.457 and 0.459 of the Commission‘s rules,‘ the Commission withhold from public inspection and accord confidential treatment to the construction contract (and all exhibits and associated certifications provided thereto) being filed concurrently with Satmex‘s demonstration of compliance with the first three geostationary satellite implementation milestones for the Satmex 9 satellite (the "Milestone Certification"). This construction contract contains confidential and commercially sensitive information that falls within Exemption 4 of the Freedom of Information Act." Exemption 4 allows entities to withhold from public information "trade secrets and commercial or financial information obtained from a person and privileged or confidential."" Section 0.457(d)(2) of the Commission‘s rules allows persons submitting materials that they wish to be withheld from public inspection in accordance with Section 552(b)(4) to file a request for non—disclosure, pursuant to Section 0.459.* In accordance with the requirements contained in Section 0.459(b) for such requests, Satmex states as follows: 1. Identification of the Specific Information for Which Confidential Treatment Is Sought (Section 0.459(b)(1). 1 47 C.F.R. §§ 0.457, 0.459. ; .l honmmdeadabey + 2 5 U.S.C. §552(b)(4); 47 C.F.R. § 0.457(d). T&+—H + * 5 U.S.C. §552(b)(4). 4 47 CF.R. §0.459.

SheppardMullin Marlene H. Dortch, Secretary August 24, 2015 Page 2 Satmex seeks confidential treatment of the Commercial Satellite Delivery Contract between Boeing Satellite Systems International, Inc. ("BSSI") and Satmex (and all exhibits and associated certifications thereto), dated March 13, 2013, as amended (the "Construction Contract") submitted to demonstrate compliance with the first three milestones for geostationary satellites, which requires execution of a binding, non—contingent contract to construct the licensed satellite system, as well as certifications stating that CDR has been completed and satellite construction has commenced.® 2. Identification of the Commission Proceeding In Which the Information Was Submitted or a Description of the Circumstances Giving Rise to the Submission Satmex is submitting this information in order to demonstrate its compliance with the first three satellite implementation milestones and thereby obtain a reduction in the amount of the performance bond for the Satmex 9 satellite. 3. Explanation of the Degree to Which the Information Is Commercial or Financial, or Contains a Trade Secret or Is Privileged The Construction Contract contains commercially sensitive information that could be used by Satmex‘s competitors to its disadvantage. Given that Satmex‘s business consists of procuring and operating geostationary satellites, the information contained in the Construction Contract is by definition commercial information. 4. Explanation of the Degree to Which the Information Concerns a Service That Is Subject To Competition The Construction Contract concerns a geostationary satellite procured by Satmex for the purpose of selling space segment capacity to its customers. This industry is subject to fierce competition from numerous other operators, both domestic and foreign. 5. Explanation of How Disclosure of the Information Could Result In Substantial Competitive Harm Information concerning Satmex‘s construction contracts for its geostationary satellites constitutes a critical component of Satmex‘s business plans and future capabilities. Satmex‘s competitors could use this information to undermine Satmex‘s position with regard to its business partners in an effort to gain an advantage in negotiating their own satellite construction contracts and launching their own satellite networks. Consequently, disclosure of this information to third parties could result in substantial competitive harm to Satmex. 6. Identification of Any Measures Taken By the Submitting Party to Prevent Unauthorized Disclosure 5 47 C.F.R. § 25.164(a).

SheppardMullin Marlene H. Dortch, Secretary August 24, 2015 Page 3 The information contained in the Construction Contract is not distributed, circulated, or provided to any party outside of Satmex. The company treats this data as sensitive information; thus only specialized personnel within the company have access to it. 7. Identification of Whether the Information Is Available To the Public and the Extent of Any Previous Disclosure of the Information to Third Parties The information contained in the Construction Contract is not available to the public and has not been disclosed to third parties other than the FCC. 8. Justification of the Period During Which The Submitting Party Asserts That Material Should Not Be Available For Public Disclosure Satmex maintains that the entire contents of the Construction Contract should remain subject to confidential treatment permanently. Even historical contract information can be used to track business decisions and the status of Satmex‘s business relationships, and this information could be used by Satmex‘s competitors to the detriment of Satmex at any time in the future. Please contact the undersigned should you have any questions about this submission. Respectfully submitted, Brian D. Weimer for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP SMRH:215437088.2 Enclosures


Document Created: 2015-10-19 17:34:32
Document Modified: 2015-10-19 17:34:32
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